Miami Domestic Violence Attorney

Lawyer Helping Defend Against Domestic Violence Charges in Miami, FL

Allegations of domestic violence can be very serious, and they can affect a person both legally and socially. A domestic violence charge can disrupt a person's life immediately, since they could be arrested based on accusations, and they could face restrictions under a restraining order even if they are not charged with a crime or convicted of a criminal offense. These accusations often involve complex and highly emotional circumstances, and it is important to take the right steps to defend against domestic violence charges and the related penalties.

At Stroleny Law: Criminal Defense Attorney, we provide legal representation for people who have been accused of domestic violence, helping them protect their rights and take steps to resolve criminal charges successfully. These cases often involve sensitive family dynamics and complicated emotions, and their outcomes may affect issues such as employment, housing, and child custody. We work with clients to challenge these charges effectively, navigate the Florida court system, and minimize the ways their lives may be affected.

What Is Considered Domestic Violence Under Florida Law?

As it is defined in Florida Statutes Section 741.28, domestic violence may include a wide range of criminal offenses that may be committed against a family or household member. Potential victims may include spouses, former spouses, family members who are related genetically or by marriage, people who currently reside together or previously lived in the same home, and parents who share a child, regardless of whether they ever lived together.

The criminal acts that may be classified as domestic violence include:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault or sexual battery
• Stalking or aggravated stalking
• Kidnapping
• False imprisonment
• Any other type of offense in which a family or household member was injured or killed

Penalties for Domestic Violence

The consequences a person could face if they are charged with domestic violence will depend on the severity of the alleged offense, whether they have previously been accused of domestic violence offenses or other charges, and other factors. Some of the most common penalties include:

• Jail Time: A person convicted of domestic assault could be sentenced to up to one year in jail. The potential sentences may increase in cases involving more serious charges, such as aggravated battery, assault with a deadly weapon, or strangulation. When a person is convicted of a crime of domestic violence involving intentional injuries, they will be required to serve a minimum of 10 days in jail for a first offense, 15 days for a second offense, and 20 days for any subsequent offenses.
• Probation and Counseling: A conviction for a domestic violence offense will require a person to serve a minimum of one year of probation. They will also be required to complete a batterer's intervention program as part of the terms of their probation.
• Orders of Protection: Following accusations of domestic violence, a court may issue a restraining order that will prevent a person from contacting or going near the alleged victim.
• Firearm Restrictions: Federal and state laws prohibit people who have been convicted of domestic violence offenses from owning or possessing firearms.

Common Reasons for False Domestic Violence Accusations

Not all accusations of domestic violence are made in good faith. In some cases, a person may be falsely accused due to underlying motivations or interpersonal conflicts. Some of the most common reasons for false accusations include:

• Custody Disputes: Allegations may be made to gain leverage in a divorce or child custody proceeding. The accuser may make these accusations in an attempt to restrict the other parent's access to the couple's children.
• Mental Health Struggles: An accuser who is suffering from a mental illness may misinterpret events, or emotional instability may lead them to act out against a person and make false accusations.
• Retaliation or Revenge: Accusations may be based on a desire to harm a person's reputation or future. Anger, jealousy, or other emotional issues may serve as motivation to falsely accuse someone.
• Influence From Third Parties: Friends, family members, or new romantic partners may encourage a person to make a false report based on their own interests or biases.
• Misunderstandings or Mutual Conflict: In heated situations, both parties may act aggressively, and law enforcement may arrest one party even when there is no clear victim.

These dynamics make it critically important to work with a defense attorney who can investigate the full context of the incident and uncover the truth.

Defense Strategies for Domestic Violence Charges

Every case is unique, and the defenses that may be used to challenge domestic violence accusations will depend on the specific facts of a situation. Some of the defense strategies that may be used to challenge domestic violence allegations include:

• Lack of Physical Evidence: In many cases, there are no injuries, no photographs, and no medical reports showing that a person suffered harm due to alleged domestic violence. The absence of physical evidence can cast doubt on the accuser's story.
• Self-Defense or Defense of Others: A person has the legal right to use reasonable force to protect themselves or someone else from imminent harm. A person accused of domestic violence may show that they were acting in response to the other person and trying to prevent themselves or others from being hurt.
• Mutual Aggression: If both parties were physically involved in an altercation, and neither was clearly the aggressor, this may serve as a defense against domestic violence charges.
• False Allegations: Our lawyer may present evidence showing that the accusations were fabricated or that the accused was not present during the alleged incident.
• Bias or Credibility Issues: If the accuser has a motive to lie or a history of making unfounded accusations, these facts can be used to question their reliability.

Frequently Asked Questions About Domestic Violence Cases

Contact Our Miami, Florida Domestic Violence Defense Lawyer

Accusations of domestic violence can affect your life in many ways, including disrupting your family relationships and living situation. Early legal intervention can make the difference between a dismissed case and a conviction. At Stroleny Law: Criminal Defense Attorney, our legal team can help you take steps to protect your rights, defend against the allegations, and prevent a conviction. Contact our Miami domestic violence defense attorney at 305-615-1285 to schedule a free, confidential consultation and begin building your defense.